Last updated: March 26, 2021
1. ACCEPTANCE OF TERMS
Wine Growers British Columbia Society (“Wine Growers BC”, “we”, “our” or “us”), makes available for your use on this website winebc.com and all affiliated websites (the “Site”) information, documents, software, products and various services (collectively, the “Services”), subject to the terms and conditions set forth in this document (the “Terms of Use”). BY ACCESSING THIS SITE, YOU AGREE TO THE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MUST NOT ACCESS OR USE THE SITE.
2. MODIFICATIONS AND INCORPORATED TERMS
Wine Growers BC reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. In addition, when using particular Services on this Site, you shall be subject to any posted guidelines or rules applicable to such Services that may contain terms and conditions in addition to those in the Terms of Use. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any materials downloaded or printed from the Site.
Information on this Site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Wine Growers BC may also make improvements and/or changes to any of the Services available on the Site at any time without notice.
3. SECURITY
Your provision of any personal information and any submissions you make to the Site through any functionality such as applications, chat functions, emails, message boards, personal or interest group web pages, bulletin boards and other interactive functions (collectively, “Interactive Functions“) constitutes your consent to all actions we take with respect to such information consistent with the Terms of Use and our Privacy Policy.
You are prohibited from attempting to circumvent and from violating the security of this Site, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) disrupting network services and otherwise disrupting Site owner’s ability to monitor the Site; (e) using any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (f) introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (g) attacking the Site via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (h) otherwise attempting to interfere with the proper working of the Site.
4. USER SUBMISSIONS AND LICENSE GRANT
As a condition of your access TO and use of the Services, you agree that you may use the Services only for lawful purposes and in accordance with the Terms of Use.
The following content standards apply to any and all content, material, and information you submit, post, publish, display, or transmit (collectively, “submit“) to the Site or other persons (collectively, “User Submissions“) through any Interactive Functions of the Site.
Without limiting the foregoing, you warrant and agree that your use of the Services and any User Submissions shall not:
(a) in any manner violate any applicable laws or regulations including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;
(b) in any manner violate the terms of use of any third-party Site that is linked to the Site;
(c) include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in our sole discretion;
(d) involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code;
(e) involve, provide, or contribute any false, inaccurate, or misleading information;
(f) impersonate or attempt to impersonate Wine Growers BC, any of our partners, employees, members, volunteers, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing);
(g) transmit, or procure the sending of, any advertisements or promotions without our prior written consent, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;
(h) encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Wine Growers BC, its employees, members, volunteers, or Site users or expose them to liability;
(i) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person;
(j) promote any illegal activity, or advocate, promote, or assist any unlawful act; or
(k) give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
None of the User Submissions you submit to the Site will be subject to any confidentiality by Wine Growers BC. By providing any User Submissions and subject to any other agreements you may have with Wine Growers BC, you grant us and our service providers, and each of our and their respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submissions.
By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the license hereof. You represent and warrant that all User Submissions comply with applicable laws and regulations and these Terms of Use.
You understand and agree that you are fully responsible for any User Submissions you submit, and you are fully responsible and legally liable, including to any third party, for such content. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Site.
5. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
You understand and agree that, except for the User Submissions, the Site and its contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by Wine Growers BC, our licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
The WINE GROWERS BRITISIH COLUMBIA name, logo and all related names, logos, product and service names, designs, images, and slogans are trademarks of Wine Growers BC or our licensors. You must not use such marks without our prior written permission. Use of any such trademarks, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You may only use the Services for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, in any form or medium whatsoever except:
(a) your computer and browser may temporarily store or cache copies of materials being accessed and viewed; and
(b) a reasonable number of copies for personal use only may be printed and/or downloaded keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever.
You must not modify any materials from the Site (except materials that are identified with the designation “Copy Freely”) nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.
If you print off, copy or download any part of our Site in breach of these Terms of Use, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Services except as expressly granted hereunder. Any use of the Services not expressly permitted by hereunder is a breach of these Terms of Use and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
Except as expressly provided above nothing contained herein shall be construed as conferring any license or right under any copyright or other property right of Wine Growers BC or any third party.
6. MONITORING AND ENFORCEMENT, SUSPENSION AND TERMINATION
We have the right, without provision of notice to you to:
(a) remove or refuse to post on the Site any User Submissions for any or no reason in our sole discretion;
(b) at all times, take such actions with respect to any User Submissions deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the Terms of Use;
(c) take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Services. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site; and
(d) terminate or suspend your access to all or part of the Services for any or no reason, including, without limitation, any violation of these Terms of Use.
We have no obligation, nor any responsibility to your or any party to monitor the Site or its use, and do not and cannot undertake to review material that you or other users submit to the Site. We cannot ensure prompt removal of objectionable material after it has been submitted and we have no liability for any action or inaction regarding the transmissions, communications, or content provided by any user or third party, subject to applicable laws.
7. USE OF CONTACT INFORMATION
Wine Growers BC presents our contact information including various email addresses. We have taken precautions to protect our contact information as much as possible, while still providing it to those who wish to make legitimate contact. The presentation of our contact information is by no means authorizing solicitation and spamming.
8. NO RELIANCE
The content on our Site is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our Site.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date. Your use of the Site is at your own risk and neither Wine Growers BC nor its partners, members, employees, volunteers, service providers, licensors, licensees, or successors (collectively, “Representatives”) have any responsibility or liability whatsoever for your use of the Services.
The Site includes content provided by third parties, including from other users, our members and third-party licensors. All statements and/or opinions expressed in any such third-party content are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Wine Growers BC. Neither Wine Growers BC nor its Representatives have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
For your convenience, the Site may provide links or pointers to third-party sites. We make no representations about any other Sites that may be accessed from our Site. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
9. DISCLAIMERS
You understand and agree that your use of the Site is at your own risk. The Site and the Services are provided on an “as is” and “as available” basis, without any warranties or conditions of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
Neither Wine Growers BC nor its Representatives make any warranty, representation, or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency, or availability of the Site or the Services. Without limiting the foregoing, neither Wine Growers BC nor its Representatives represent or warrant that the Site or the Services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Site or the server that makes it available are free of viruses or other harmful components.
We cannot and do not guarantee or warrant that files or data available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Site and your computer, internet, and data security. To the fullest extent provided by law, we will not be liable for any loss or damage caused by any technologically harmful material that may infect your computer, device, computer programs, data, or other proprietary material due to your use of the Site or any Services or to your downloading of any material posted on it, or on any web site linked to it.
10. LIMITATION ON LIABILITY
Except where such exclusions are prohibited by law, under no circumstance will Wine Growers BC nor its Representatives be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, breach of privacy, or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with your use, or inability to use, or reliance on, the Site or Services, any linked web sites or other third-party sites even if the party was allegedly advised or had reason to know.
You agree that the aggregate liability of Wine Growers BC and its Representatives to you for all damages, losses or causes of action, is limited to the greater of: (a) the amounts you have paid (if any) to Wine Growers BC and its Representatives to use the Services in the six months prior to the claim; or (b) $50.
11. INDEMNIFICATION
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Wine Growers BC and its Representatives from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to (i) your breach or alleged breach of these Terms of Use, (ii) your failure to comply with applicable laws (including any failure to obtain or provide any necessary consent), (iii) your use of the Site other than as expressly authorized in these Terms of Use; or (iv) your breach or alleged breach of any interaction, agreement, or policy between you and any other users of the Site.
12. TERM
These Terms of Use shall remain in full force and effect while you access and use the Site.
13. GOVERNING LAW AND CHOICE OF FORUM
The Site and these Terms of Use will be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule. Any action or proceeding arising out of or relating to this Site and under these Terms of Use will be instituted in the courts of the Province of British Columbia and/or the Federal Court of Canada, as applicable, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
14. WAIVER
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms of Use operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
15. SEVERABILITY
If any term or provision of these Terms of Use is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction.
16. ENTIRE AGREEMENT
The Terms of Use, the guidelines or rules incorporated by reference pursuant to Section 2 above, and the Privacy Policy constitute the sole and entire agreement between you and Wine Growers BC regarding the subject matter herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
17. REPORTING AND CONTACT
Should you become aware of misuse of the Site including libelous or defamatory conduct, you must report it to Wine Growers BC at info@winebc.com.
All other feedback, comments, requests for technical support, and other communications relating to the Site or the Terms of the Use should be directed to info@winebc.com.
